Gay Marriage Helps Children

Many opponents of gay marriage do so on the grounds that marriage exists primarily for raising children, and that gay couples cannot satisfy this purpose. A strong version of this point holds that gay parents are incompetent to raise children, and perhaps are even dangerous to them (the "competence argument"). A milder version claims that opposite-sex married couples are optimal for child-rearing (the "optimality argument"). The competence argument is factually unsupported and contravened by the laws of every state. The optimality argument may or may not be correct, but either way is irrelevant to the controversy over gay marriage.

The competence argument asserts that children raised by gay parents, as compared to those raised by heterosexual parents, are:

  • at higher risk emotionally and cognitively;
  • are more apt to be confused about their sexual and gender identity; and
  • are more likely to be molested.

Gays, therefore, ought not to raise children.

Since marriage includes a presumptive right to have and raise children, either through conception or adoption, gays ought to be denied marriage. The happiness and needs of gay couples do not justify putting children at risk.

If the competence argument is correct, states should bar gays altogether from parenting. Yet while judges sometimes use homosexuality as one factor among many in making custody and visitation determinations, no state categorically bars gays from raising children. Only one state, Florida, prohibits gays from adopting children. However, even Florida permits gays to raise their own biological children, to obtain custody of children, and to be long-term foster parents. In short, no state has made the policy judgment embodied by the competence argument.

In fact, the strong trend in the country is toward the relaxation of rules disfavoring gay parenting. About half of the states now recognize two-parent adoptions in which same-sex partners both adopt a child. Gay parenting is common. More than one million children are now being raised by gay parents, singly or in couples, in this country. According to the 2000 census, about one-fourth of all same-sex-couple households include children.

The available studies on the effects of gay parenting, while not methodologically perfect, seriously undermine the competence argument. While the studies may not yet prove that gays are just as good as heterosexuals at raising children, they point strongly to the conclusion that gays are at least minimally competent parents.

In a review of 21 studies of gay parenting, sociologists Judith Stacey and Timothy Biblarz concluded that "every relevant study to date shows that parental sexual orientation per se has no measurable effect on the quality of parent-child relationships or on children's mental health or social adjustment." The minor observed differences between children raised by gay parents and those raised by straight parents "either favor children raised by lesbigay parents, are secondary effects of social prejudice, or represent "difference' of the sort democratic societies should respect and protect." While more work must be done to shore up these conclusions, a strong provisional judgment can be made that the competence argument is factually baseless.

A milder version of the child-rearing objection to gay marriage maintains that even if gays should not be completely barred from parenting, married heterosexual couples should be strongly preferred. This optimality argument holds that, all else being equal, children do best when raised by a married mother and father.

In contrast to the competence argument, there is at least some empirical basis for the optimality argument. There is substantial evidence that children raised in married households are on average happier, healthier, and wealthier than children raised by single parents or by unmarried cohabiting parents. This probably has something to do with the legal and social support marriage provides.

Still, this is shaky empirical support for the optimality argument. There is no good study comparing children raised in married households with children raised by same-sex couples. And, because gay marriage is forbidden, there is no study comparing children raised by opposite-sex married couples with children raised by same-sex married couples.

Let's assume, for the sake of argument, that opposite-sex married couples provide the optimal environment for child-rearing. That is still no argument against gay marriage. First, even if a primary purpose of marriage is to facilitate child-rearing, it is not an indispensable purpose, as the many childless married couples can attest.

Second, gay marriage won't take any children from mothers and fathers who want to raise them. Consider: there is no shortage of children in the country. There are not enough married couples to raise them all. That's why states allow sub-optimal parenting by singles (gay and straight) and unmarried couples (gay and straight). Almost everyone agrees these sub-optimal arrangements are better than orphanages or foster care, where the outcomes for children are often terrible.

No serious person advocates removing all children from gay parents. So whether or not gay marriage is allowed, children will continue to be raised by gay parents. The only question is, Will these children be raised in homes that may enjoy the protections and benefits of marriage? If it's better for children to be raised by a married opposite-sex couple than by an unmarried opposite-sex couple, it would surely be better for children to be raised by a married same-sex couple than by an unmarried same-sex couple. That's the relevant comparison, not the comparison of married straight couples to gay couples.

If it's really concern for children that's motivating opponents of gay marriage, they ought to rethink their conclusion. They should be pounding the table for gay marriage.

Radicals Frozen in Time.

"For Some, a Sanitized Movement" in the Washington Post provides a voice for those gays who think marriage is a sell out:

The gay rights activists and theorists and feminists who critique the campaign from the left are the voices less often heard in the battle over gay marriage. -- [T]hey are mortified at the fate of a revolution pasteurized. They wonder what happened to championing sexual freedom and universal health care, and upending patriarchy?

Unfortunately, the article buys the false line that the gay movement began with leftists in the 1960s, after which time "conservatives" took advantage of the opening and moved in. Simply not so: Many very early gay activists were either political moderates favoring what's now termed "assimilation" or libertarians strongly opposed to socialism and statism. True, left-leaning radicals gained the spotlight in the '60s and '70s, but let's not entirely rewrite history!

Kerry 1, Bush 0.

While the Bush-backed Federal Marriage Amendment to the U.S. Constitution increasingly looks like it's going nowhere in Congress, the Kerry-backed Massachusetts state constitutional gay-marriage-ban amendment has now passed the Bay State's legislature. The amendment, of course, aims to quash gay marriage in the only state where it's on the verge of being recognized. Under state law, the amendment must again be approved by the next session of the legislature and then by the voters, at which time it may enjoy the support of President Kerry.

Here I bite my tongue to avoid making the obvious partisan comment and enduring the angry emails of gay Democrats, who are no doubt celebrating the great victory for civil unions in Massachusetts.

The “Unholy Axis” Strikes Again.

A move to add sexual orientation to the list of categories protected by the United Nations has been dropped in the midst of intense pressure from the Vatican and Muslim nations, reports GayWired.com. The motion was again shelved after it became clear the Vatican and Arab countries led by Egypt wouldn't let it pass. One openly gay member of the European Parliament, Britain's Michael Cashman, labeled the opposition as "The Unholy Axis" and added,

"Millions of people across the globe face imprisonment, torture, violence, and discrimination because of their sexual orientation. For the second year running the UN has failed to condemn this discrimination and the continuing abuses of human rights on the basis of a person's sexuality. Both the Vatican and the Conference of Islamic States should hang their heads in shame for having reduced their beliefs to the gutter of bigotry and discrimination."

The same alliance is attempting to revoke an executive order by Secretary General Kofi Annan that would provide the same-sex partners of UN workers with the benefits granted to married couples if their home countries approve.

One could be churlish and note that the bloody history of the Vatican and the Islamic states regarding the right to life and liberty for religious dissenters/minorities (not to mention gays and lesbians) is so dreadful that you have to wonder, gape jawed, at their sheer audacity to yet again promote an agenda of prejudice under the guise of religious orthodoxy.

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3/28/04 - 4/03/04

Who Is Confused About Church and State?

Comedian Robin Williams lashing out at President Bush: "It's nice to have a President who confuses his commandments and amendments." OK, fair enough. But here's John Kerry justifying why he supports lesser civil unions for gays but favors amending state constitutions to ban gay marriage, from his interview with MTV:

"What is distinct is the institutional name or whatever people look at as the sacrament within a church, or within a synagogue or within a mosque as a religious institution. There is a distinction. And the civil state really just adopted that."

So, where are the Democratic voices rising up in anger over Kerry's adopting the position that religious sacraments shoud be dispensed by the state, at the expense of legal equality for gays? Don't hold your breath. Even this MTV story leads with an assertion of Kerry's support for granting gays "equal rights under the law," then buries his remarks about sacraments being an exception.

One thing is clear: this is going to be the nastiest presidential campaign in memory, with both sides sinking to new lows to ignite the emotions of their respective bases. And the partisan news media (and make no mistake, they're all partisan -- especially those who feign "objectivity") can't be trusted. George Orwell was never so right about how politics debases the simple meaning of words (e.g., "equality.").

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Addendum: A correspondent disagrees with my assessment and points out that Kerry also said, "It's the rights that are important, not the name of the institution." OK, but even assuming that civil unions would be separate but otherwise equal to marriage on a state level, Kerry still supports a state constitutional amendment to ban same-sex "marriage" on the basis that marriage is a sacrament. Sorry, but I just don't see how that differs from Bush's reason for supporting an (admittedly worse) federal amendment.
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Joel Kotkin's Sunday op-ed in the Washington Post compares the ideological and theological divisions in 2004 America with those of England just before its 17th-century civil war. He writes:

All Americans have a stake in improving the quality of the political discourse on both sides. Issues such as the war on terrorism, the role of the state in private life, the nature of marriage and the fear of obsolescence are the issues that divide Roundhead and Cavalier America today. And they are weighty enough to be treated with something more than dueling hyperbole.

But I woundn't count on a return to bipartisan civility, not to mention rationality, anytime soon.

More Recent Postings

3/21/04 - 3/27/04

Which ‘Tradition’ Does She Support?

David Bernstein, writing at The Volokh Conspiracy blogsite, lays waste to columnist Maggie Gallagher's confused arguments against gay marriage. Well worth reading. Excerpt:

[Gallagher] emphasizes that heterosexual marriage is deeply rooted in Christian and Jewish "not to mention" Muslim tradition. Well, polygamous marriage is deeply-rooted in Muslim tradition, and, for that matter, Mizrahi (Eastern, non-Ashkenazic) Jews practiced polygamy from Mosaic times until the middle of the twentieth century.... Then there's the oddity of both citing Islam as a source of eternal wisdom for its views on heterosexual marriage and as an existential moral danger for its views on polygamy in the same piece.

He concludes: "If the anti-gay marriage forces are going to win the day, they are going to have to do better than such incoherent claptrap." Yes, indeed.

What Year Is This?

Here's a story from the L.A. Times that shows why marriage recognition is so important. Ron Fanelle, a Camarillo middle school teacher, is in trouble. He's become the focus of protests from anti-gay parents, angry that, when asked, Fanelle told students he was just married and his spouse's name is Randy. To the anti-gay mind, not lying about your marital status is somehow equivalent to providing a detailed description of sexual activity, it seems. The school board has launched an investigation of the "charges," and Fenelle has had to hire a lawyer to defend himself.

Read Rauch.

IGF's co-managing editor, Jonathan Rauch, who is also writer in residence at the Brookings Institution, has a new book: Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America. Available at Amazon.com and better bookstores everywhere. Judging from the Publishers Weekly review on the Amazon site, lefties are already taking aim at Jon's argument that full gay marriage equality is needed to forestall the spread of "marriage lite" arrangements. The PW reviewer, for instance, is miffed by the way Jon praises the importance of marriage. From the review:

Allowing gays to participate in "the great civilizing institution" would inevitably ennoble gay relationships; providing access to marriage would give them access to "a better kind of love." Such sallies will leave some readers wondering whether "better," for Rauch, really means "straight."

Addendum: A correspondent writes to say that the libertarians at Reason Online have kinder words about Jon's efforts, calling the book "a great case for gay marriage, from just about every conceivable angle."

Conservatives — Not Inherently Evil.

Proponents of gay legal equality naturally find themselves at odds with conservatives. And indeed, many conservatives joined in this debate seem motivated by little more than anti-gay animus. But it's worth recalling now and again that conservatism and liberalism, tradition and change, both have a role in maintaining society. In that vein, I found this article posted at Tech Central Station of interest. The theme: conservatism ensures that possibly dangerous social change is held in check until the preponderance of evidence shows that the change won't rend the social fabric. Writes social philosopher (and liberal turned conservative) Keith Burgess-Jackson:

Conservatism is not committed to the proposition that every tradition is respectable and valuable, and therefore worth conserving. It is committed to a presumption in favor of tradition. ... [Conservatives] believe that traditions incorporate and express important values. ... It's often said that conservatives are obstructionists. They are, of course, but they don't obstruct for the sake of obstructionism any more than liberals endorse change for the sake of change. Conservatives obstruct because they're trying to keep liberals from making things worse.

Liberals have a dismissive attitude toward what came before. They are confident that they can do better. ... Conservatives, by contrast, have a respectful attitude toward what came before. They view the present as a link between past and future. ... Liberals look forward, believing that peace, justice, and happiness are just around the corner, if only we let reason be our guide. Conservatives look backward, believing that if we tinker with tradition, even with the best of intentions, we are as likely to get war, injustice, and misery as their opposites.

Here's one example: 60s-era liberals condemned conservative opponents of welfare/income redistribution as mean-spirited reactionaries; welfare expansion then fostered an inner city culture of dependency that perpetuated poverty.

Of course, many conservative-rightists may be disingenuous haters of "the other"; but then so are many "caring" liberal-leftists (as I can personally attest from some of the name-calling hate mail I've received). Either political philosophy, if not held in check, can unleash authoritarian impulses and produce its own version of tyranny.

More Recent Postings

3/21/04 - 3/27/04

The First Retreat.

Supporters of the proposed anti-gay Federal Marriage Amendment (FMA) have made their first strategic retreat. As originally introduced, the amendment read:

"Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."

This wording would have voided any state or federal statute granting spousal partnership benefits, such as civil union laws (i.e., "the legal incidents" of marriage). Originally, the religious groups backing the amendment insisted that same-sex civil unions, or "marriage in all but name," were as big a threat as actual same-sex marriages. But faced with likely defeat, they've relented. The new wording reads:

"Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman."

While courts are still forbidden from interpreting the federal or state constitutions are requiring spousal benefits, by deleting the words "nor state or federal law" it appears that Congress or state legislatures could recognize civil unions and spousal-equivalent benefits, but not actual marriage -- still limited to "the union of a man and a woman."

The Alliance for Marriage and its leading member groups, such as Focus on the Family, are painting this as a small technical change to make the amendment's meaning clearer. Don't believe it. This is a fairly substantial retreat. Which is why the wackier parts of the alliance, such as the Culture and Family Institute, aren't happy with the alteration (as the New York Times notes).

And more may be in store. Sen. Orrin Hatch (R-Utah) is shopping around an even weaker alternative that would not define marriage as the union of one man and one woman, but would simply say that "civil marriage shall be defined by each state" -- meaning that no state would be compelled to recognize marriages performed elsewhere. This change is too much of a retreat for the Alliance for Marriage, which is strongly opposing it.

Hatch, by the way, is from Utah, where a fair number of dissident breakaway Mormon traditionalists still practice polygamy, though these unions aren't legally recognized. Some months ago I saw Hatch on TV and was quite surprised by his semi-defense of polygamists -- that they shouldn't be thought of as bad people (similar to what some "tolerant" conservative types say about gays). Perhaps he feels some cultural affinity for Mormon fundamentalists and is thus disinterested in an amendment that would limit matrimony to one man and one woman.

The revised FMA now being pushed by the Alliance for Marriage is still terrible and must be defeated. Hatch's alternative is far less egregious, which is why the Alliance for Marriage is against it.

The Future.

Polls show the young are much less opposed to same-sex marriage than their elders. In another generation or two, it won't even be debated.

The Expectations Boom.

This L.A. Times headline says it all: Nothing but 'I Do' Will Do Now for Many Gays. The article reports that many gays "denied wanting marriage when it wasn't a possibility. When that changed, new feelings emerged." Here's more:

Goals that once seemed sufficient -- health benefits for domestic partners, say, or spousal rights in child-custody matters -- now seem like tepid half-measures to many gay people. -- [It's] a change that, on a national scale, may not bode well for the long-term acceptance of compromise solutions, such as civil unions.

I'd add that time and again revolutions happen not when oppression is at its worst, but when rising expectations have been ignited and then quashed. If the power of government is used to forbid even willing states from recognizing gay unions, the growing gay counter-backlash to the conservative backlash will become a force to contend with.

More Recent Postings

3/14/04 - 3/20/04

No Monkeys or Gays Allowed.

Much attention has been focused this week on rural Rhea County, Tennessee, whose commission enacted, then rescinded (following a burst of national publicity) a proposal to ban gays from living in their midsts. Commissioner J.C. Fugate, who proposed the original motion (passed unanimously by the 8-member panel), had said: "I'd like to make a motion that those kind of people cannot live in Rhea County or abide in Rhea County."

The commission meets in the town of Dayton, Tenn., famous as the locale for the "monkey trial" that convicted John Scopes of teaching evolution in the 1920s, and immortalized (if fictionalized) in the play and movie "Inherit the Wind." As described in one news account, the scene sounded like something out of that earlier drama:

When [commissioners] entered the meeting room in groups of four, there was a loud audience cheering and booing. "Thank you J.C., we appreciate you doing this," resident June Griffin shouted. Many in the packed crowd, which spilled out into the way, carried home-made signs advocating human rights. One of them read: "The gluttons are next."

Gee, even our supporters in Rhea County don't seem to "get it."

Addendum: After reading the above, a correspondent writes:

Maybe I'm a little biased because Tennessee is one of my home states, but I'd give the people carrying "The gluttons are next" posters in Dayton a little more credit. They were just fighting fire with fire and a little irony. And it doesn't hurt to remind fundamentalists that they too contradict the literal word of the Bible.

Maybe, but the "we don't forbid other vices" argument is more pervasive than you might imagine.

Odd Allies.

Looks like popular rapper "50 cent" and J.C. Fugate are in agreement.